1.
|
Arbitration may
be subject to cost and complexity pressures from the lawyer
representing the condo corporation. |
2.
|
Adds an
additional layer of legal cost that can be prohibitive. |
3.
|
If the arbitrator
depends on condo corporations, and their lawyers and
property management, for repeat business so there may be an inherent
incentive to rule against the owner. |
4.
|
There are very
limited avenues for appeal, which means that an erroneous decision
cannot be easily overturned. |
5.
|
Discovery may be
more limited in arbitration or entirely nonexistent. |
6.
|
Unlike court
judgments, arbitration awards themselves are not directly
enforceable. A party seeking to enforce an arbitration award must
resort to judicial remedies, called an action to "confirm" an award. |
7.
|
Although grounds
for attacking an arbitration award in court are
limited, efforts to confirm the award can be fiercely fought, thus
necessitating huge legal expenses that negate the perceived economic
incentive to arbitrate the dispute in the first place. |